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Good Jobs: What Biden’s Executive Order on Investing in America and American Workers Means to Workers

October 8th, 2024 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, Good Jobs Executive Order, New York, Syracuse, Workplace Rights |

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On September 6, 2024, President Bident signed the “Good Jobs” Executive Order. In a nutshell, the Order describes what makes a job “good” and directs federal agencies to prioritize projects that improve labor standards.

What is a “Good Job?”

According to the Order, a Good Job:

  • Promotes positive labor-management relationships by entering agreements with labor and community groups, such as:

    • Project Labor Agreements (pre-hire collective bargaining agreements that establish terms and conditions for a specific project)
    • Community Benefits Agreements (agreements between a developer and community groups to provide benefits identified by the community groups)
    • Collective Bargaining Agreements (“CBA” or union contract)
    • Agreements ensuring uninterrupted delivery of services
    • Agreements facilitating first CBAs
    • Voluntary Union Recognition
    • Neutrality Agreements

  • Promotes family-sustaining wages by:

    • Paying prevailing wages, wages in the top 25% of industry pay, or union scale wages
    • Promoting equal pay
    • Eliminating discriminatory pay practices
    • Implementing pay transparency

  • Promotes economic security by:

    • Providing paid sick, family, and medical leave
    • Providing health care
    • Providing retirement benefits
    • Providing child, dependent, and elder care

  • Fights discrimination by:

    • Adopting recruitment, hiring, and retention policies to attract workers from underserved and local communities
    • Implement reporting structures and ongoing training to prevent discrimination and harassment
    • Participate in programs supporting compliance with the EEO, Rehab Act, and VEVRAA

  • Strengthens the workforce by:

    • Investing in union-affiliated training programs, apprenticeships, and pre-apprenticeship programs
    • Partnering with community colleges, career and tech programs, disability services organizations, the public workforce system, and the American Climate Corps
    • Providing child care and transportation assistance, as well as other services that will help workers complete training

  • Protect worker health and safety by:

    • Engaging in supplemental safety training
    • Working with unions to design and implement workplace safety and health systems
    • Disclosing occupational safety and health violations

How Do I Get One Of These Good Jobs?

It’s a little tricky, because no one has created a central clearing house for workers to search for these jobs. Also, each municipality or region has its own mechanisms and acronyms. For example, here in Syracuse, we have ON-RAMP, “Real Life Rosies,” CREATES, and Syracuse Build. Your area will have different acronyms. But one thing you can do is look at job postings for

First, the “good jobs” criteria apply to projects selected by the following Federal departments:

  • Department of the Interior
  • Department of Agriculture
  • Department of Commerce
  • Department of Labor
  • Department of Housing and Urban Development
  • Department of Transportation
  • Department of Energy
  • Department of Education
  • Department of Homeland Security
  • Department of the Environmental Protection Agency.

Second, the criteria apply to projects selected by the above agencies for funding through:

  • The American Rescue Plan
  • The Infrastructure Investment and Jobs Act
  • The CHIPS Act
  • The Inflation Reduction Act.

So one way to find work that is covered by the Good Jobs Executive Order is to do a web search using one of the Departments, one of the Acts, and your city.

Another way to locate the Good Jobs is to pay attention to news stories in your area: are there any infrastructure projects happening near you? How about tech companies coming to your town? Are there environmental conservation projects underway?

You can also reach out to unions and community organizations in your area. Projects receiving federal funding from these initiatives are expected to engage with community stakeholders, so local chapter of Citizen Action, Jobs to Move America, or your local labor council should be involved with the project already and may know where potential applicants can get more information.  Additionally, if you run into trouble getting jobs that you are qualified for, these organizations are going to want to know that so they can make the companies hold up their ends of the bargain.

This is one of those announcements that the news doesn’t usually pick up, so tell your worker friends about the Good Jobs Executive Order. And if you get one of these Good Jobs, join the Union and make it even better.

YOU HAVE TIME TO VOTE! Understanding New York’s Paid Time Off for Voting in 2024

September 17th, 2024 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, Syracuse, Workplace Rights |

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As Election Day approaches, it’s crucial for every worker in New York to understand their rights regarding paid time off to vote. Exercising your democratic right should never be hindered by long work shifts, childcare responsibilities, or long commute times. This blog post will clarify your rights, how to ensure you can vote, and provide a handy chart to keep track of deadlines — especially for those with non-traditional work weeks.

In New York, if you need time to vote, you are entitled to take up to two hours of paid time off from your job, provided that you meet certain criteria.

  1. Eligibility

If you do not have sufficient time to vote outside of your working hours, you are eligible. “Sufficient time” means four consecutive hours between the opening of the polls and the start of your work shift, or four consecutive hours between the end of your work shift and the closing of the polls.

Here’s how it works:

If your work schedule is from 9am to 5pm, and the polls are open from 6am to 9pm, then the employer does NOT have to provide you with paid time off to vote.

But if your shift is from 9am to 6pm, you are entitled to paid time off to vote because the polls are only open for three consecutive hours after your shift ends. Thus, the employer MUST provide you up to two hours of paid time off in order to vote. This is not PTO or vacation or sick time. This is voting time.

  1. Notification

You must notify your employer at least **two working days** before Election Day if you need time off to vote. This notification should ideally be in writing.

Employees looking for paid voting time must notify the employer at least two working (business) days prior to actually taking the time. Employees should not provide the notification more than ten days prior to the needed time.

For the November 5 election, here are the notification timelines:

This is a notoriously tricky area of law so DO NOT RELY on the first or last days listed in this chart!!! Play it safe and notify in the middle of the notification window!!!

If the workplace operates:

 

 The earliest day you should notify the employer is: The best days to notify the employer are: The latest day you should notify the employer is:
Monday-Friday October 22, 2024 10/24-10/31 November 1, 2024
Tuesday-Saturday October 22, 2024 10/23-11/2 November 1, 2024
Friday-Tuesday October 25, 2024 10/26-11/2 November 3, 2024
Saturday-Wednesday October 22, 2024 10/23-11/2 November 3, 2024
Sunday-Thursday October 22, 2024 10/23-10/31 November 3, 2024
Every day of the week October 26, 2024 10/27-11/2 November 3, 2024

 

  1. Employers’ Obligations:

Employers are required to provide employees with the time they need to vote, but they are allowed to designate when that time off can be taken. They cannot penalize you for taking this time off to exercise your voting rights.

How to Protect Your Paid Voting Leave

A. **Plan Ahead**: Make your voting plan early. Know your polling location, and check your voter registration status to avoid any last-minute issues.

B. **Document Your Request**: When you notify your employer, consider doing it in writing. This can help protect your rights and provides documentation should there be any disputes.

C. **Stay Informed**: Keep abreast of any potential changes to polling hours or regulations as Election Day approaches.

D. **Know Your Rights**: Familiarize yourself with your state’s voting rights laws, and don’t hesitate to stand up for your rights. If you feel that your employer is preventing you from voting,             you may report this to your local election office.

If you are concerned that your employer may give you a hard time trying to get paid voting time, contact a reputable New York workplace attorney. Now, get out there and VOTE!

Avoiding the Legal Snare: The Perils of Training Repayment Agreement Provisions (TRAPs)

August 13th, 2024 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, Non-Compete Agreements, Syracuse, Workplace Rights |

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Employers are increasingly using Training Repayment Agreement Provisions (TRAPs) to replace other restrictive covenants such as noncompetes and nonsoliciation agreements. But TRAPs can be even more restrictive—and more exploitative—than noncompetes.  In this article, we’ll explain what a TRAP is and how to avoid getting caught in one.

What is a TRAP?

TRAPs, also known as Training Repayment Agreement Provisions, are contractual terms that employees sign when they are hired. While the wording may vary, a TRAP requires an employee to work for a certain period of time. If the employee separates from service prior to that timeframe (whether they quit or are fired), the employee has to pay back the employer’s training costs, the costs of buying or renting equipment, or the costs of replacing the employee.  Sometimes those fees are prorated depending on how long the employee has worked.

How TRAPs Hurt Employees

TRAPs can be very misleading. Often they don’t state how much the employee will have to pay back, or they don’t disclose interest accrual rates or other information a person would usually be entitled to when entering an agreement that might affect their credit. Sometimes the “training” that an employee is expected to pay for is just the orientation or legally-required videos. Sometimes the fees for such “training” are outrageous – we’ve seen TRAP fees ranging anywhere from $5,000 to $50,000. Some TRAPs accrue interest so fast there is no way an employee will ever repay it. And TRAPs usually don’t provide any exceptions in situations where, the employee quits for reasons beyond their control – like sexual harassment, disability, or lousy working conditions.

A TRAP can reduce an employee’s pay below minimum wage. It can destroy an employee’s credit. Worse, employers use TRAPs as a threat: don’t leave this job or we’ll sue you, destroy your credit, report you to immigration, and make it so you can never find another job. There’s a word for this, and it was outlawed by the 13th Amendment to the United States Constitution. 😡 😡 😡

How To Spot A TRAP

TRAPs are often hidden in piles of onboarding paperwork, so employees might not even realize they’ve signed one. They are commonly used in nursing, trucking, and service industries, but we’ve also seen them in child care and professional contexts.

The only way to know if your employer is trying to get you to sign a TRAP is to read everything before signing. This can be difficult. People get trapped into TRAPs because they are so desperate for a job that they’ll sign anything. But that’s the trap. Employers may be counting on you to sign because you just need the money, and they may pressure you to sign by acting like the job won’t be there if you take your time.

What To Do When You See A TRAP

GET LEGAL ADVICE. TRAPs are illegal in some, but by no means all, jurisdictions—there’s no way to know without consulting an employment law attorney in your area. Legal or not, if someone is pressuring you to sign a document without having an attorney review it, that’s a sign you probably shouldn’t be signing the document. No job is worth your freedom.

Federal “White Collar” Overtime Exemption is Getting A Raise!

June 26th, 2024 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Workplace Rights |

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Heads up: the Federal “White Collar” overtime exemption is getting a raise. Specifically, the salary threshold above which an employee no longer qualifies for overtime will go up on July 1, 2024 to $844/week ($43,888 annually). On January 1, 2025, the threshold will rise again to $1,128/week ($58,656 annually). The new rule contemplates automatic increases to the salary threshold every three years.

The salary threshold is one test for determining whether employees are “exempt” from overtime rules (which actually means the employer is exempt from having to pay overtime). To be considered exempt, employees must meet the salary threshold, be paid on a salary basis (which means the amount of pay is predetermined and not subject to deductions if the employee is ready, willing, and able to work), and perform duties consistent with being a bona fide executive, administrative, professional, or outside sales person.

Currently the threshold is at $684/week ($35,568 annually) which cuts out a lot of employees who are making more than minimum wage, but not much more. The July increase won’t have much effect on executives and administrative workers in New York, whose salary threshold is already over $1000/week ($1,124.20 for upstaters, $1,200.00 downstate). But New York professional employees may see a difference.

Expect legal challenges to this rule. And always talk to a workplace rights lawyer in your jurisdiction before making any decisions or claims.

Happy Juneteenth!

June 18th, 2024 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, Workplace Rights |

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On June 19, 1865, enforcement of the Emancipation Proclamation reached Galveston, Texas. Union troops posted General Order 3 in various places around town, such as the Customs House and the AME Church. Most enslaved people were aware of the Emancipation Proclamation, but they were still in held in bondage until the Union had enough military presence in Texas to force slave owners to comply. Many first heard the words of General Order 3 from the mouths of their enslavers.

The order includes inspiring language:

“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor.”

But even General Order 3 didn’t deliver on the promise of freedom. In addition to the above quote, it included language ordering freed people to stay put and work for wages for their former enslavers. Nor was every enslaved person automatically emancipated on June 19. It took the passage of the 13th Amendment on December 6, 1865 to completely abolish slavery in the border states of Delaware and Kentucky.

Nevertheless, Juneteenth is a good time to reflect on our history, celebrate freedom, and recommit to “absolute equality of personal rights and rights of property.”

Wishing you a safe, cool, and free Juneteenth!

Federal Protections for Pregnant Workers Under the PWFA

May 28th, 2024 by Sarah Ruhlen

Posted in Advocating for Coworkers, Ask A Worker's Rights Attorney!, Workplace Rights |

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This is the 1-year anniversary of the passage of the Federal Pregnant Workers Fairness Act [“PWFA”], which went into effect on June 27, 2023. The EEOC has issued guidance on how it works, and final rules are due out any minute. What should employees know?

 

The PWFA prohibits employers from requiring employees to take leave if another accommodation would let them keep working, denying employment opportunities on the basis of the need for a reasonable accommodation, and interfering with or retaliating against employees who are exercising their PWFA rights.

 

The PWFA requires employers with 15 or more employees to provide reasonable accommodations to workers with limitations related to pregnancy, childbirth, or related medical conditions. Unlike previous pregnancy discrimination statutes, these requirements apply even if the pregnancy is uncomplicated or the limiting condition existed prior to the pregnancy. Additionally, an employee who is “temporarily” unable to perform the essential functions of the job is still considered “qualified” to do the job if they could perform the essential functions “in the near future.” No one knows exactly what these terms mean, so we’re waiting for the  regulations to give some indication.

 

Employers only have to accommodate “known limitations,” which means if you don’t tell the boss about the limitation, and they can’t see it, they don’t have to accommodate it. Technically, you don’t have to say “PWFA,” but it might be good idea to use the term to make sure the HR person knows what you’re talking about. Also, while there is some duty for the employer to detect obvious limitations, you shouldn’t count on the boss going out of his way to allow you to sit/stand or take frequent breaks if you don’t explain why you need them.

 

The EEOC says that four accommodations should be almost always granted: carrying and drinking water as needed, additional bathroom breaks, sitting and standing, and breaks to eat and drink. The key word here is “almost.” Remember, “reasonable” means that the accommodation does not impose an “undue hardship” on the employer, so if the requested accommodation is going to cost a lot of money or be disruptive to operations, it might not be considered “reasonable.”

 

Do some of these requirements sound familiar? That’s because in some cases, pregnant workers had protections under Title VII and the ADA (as well as various state and local laws). But the PWFA enhances, broadens, and clarifies those protections.

 

This is a new law with new regulations, so contact a reputable workplace attorney to make sure you have up to date information about your rights under the Federal Pregnant Workers Fairness Act!

Speaking Up On Behalf Of Your Coworkers

October 9th, 2023 by Sarah Ruhlen

Posted in Advocating for Coworkers, Ask A Worker's Rights Attorney!, Workplace Rights |

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Your employer probably does not welcome your advocating for your colleagues. Whether your advocacy is protected or not depends on what you are discussing, how you say it, and how many other employees it involves.

This is an area of law that flip-flops every few years, so make sure you speak to a reputable workplace attorney!!!

A recent decision by the National Labor Relations Board has expanded the protections for your workplace discussions. It’s complicated, but you may have the right to talk with other employees or the boss about things like workplace safety, your wages, the schedule, or other terms and conditions of employment for the purposes of “mutual aid and protection.” “Mutual aid and protection” is one of those legal phrases that has a special meaning, so you’ll definitely need to speak with a lawyer to know whether a particular comment is protected. Generally speaking, if your comment to coworkers is intended to initiate or prepare for group action, or to bring group complaints to management’s attention, it may be protected.

Discussions that only involve your individual circumstances are not protected.  And not every remark made in a group setting is protected. And even if your remark turns out to be protected, it may take months or years of litigation to ascertain that it was protected – during which time you are probably going to be looking for a job.

That said, Section 7 of the National Labor Relations Act gives many private-sector workers a federally-protected right to engage in protected concerted activity for the purposes of mutual aid and protection, and they don’t have to be in a union to exercise that right.

If your boss is on your case for a remark you made about a concern shared by your coworkers, talk to a workers’ rights attorney. It may turn out you have some protection.

 

 

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